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Sunset Roadless Area, and DRMS must take all appropriate action needed to ensure Mountain <br />Coal does not continue to rely on PR -15 as legal cover for its unlawful activities. <br />III. Mountain Coal's Violations Necessitate Inspection and Enforcement. <br />The Tenth Circuit decision ordering vacatur of the North Fork Exception eliminates the <br />legal basis for DRMS's prior authorization of Permit Revision 15 (PR -15) (and subsequent <br />minor and technical revisions) to Permit C-1980-007, which authorized surface coal mining and <br />reclamation operations at West Elk within the Sunset Roadless Area. As explained, vacatur of <br />the North Fork Exception means that the Exception was never lawfully in place, and that <br />Mountain Coal did not obtain any right to violate the Colorado Roadless Rule in its leases or <br />permit approvals. See Harper v. Virginia Dep't of Taxation, 509 U.S. at 97; Sec. Indus. Bank, <br />459 U.S. at 79. <br />Mountain Coal itself recognized in its Tenth Circuit briefing that a vacatur order would <br />preclude its ability to construct roads within the Lease Modifications. See Exhibit C. Yet despite <br />its clear representations, Mountain Coal now plans to continue road -building and mining -related <br />activities within the Sunset Roadless Area, knowing full well the implications of the Tenth <br />Circuit's decision. <br />Absent the North Fork Exception, Mountain Coal lacks a legal right of entry onto the <br />Sunset Roadless Area in violation of MLRB Rule 2.03.6(1). Consequently, any surface coal <br />mining activities, including road -building and tree cutting, are unlawful within the Sunset <br />Roadless Area. 36 CFR § 294.42—.44. Despite the Tenth Circuit's vacatur and Mountain Coal's <br />admitted lack of legal right to enter the Sunset Roadless Area and to conduct surface coal mining <br />activities6, including road construction and tree cutting, we understand that during the week of <br />June 1, the company illegally entered the roadless area and completed more than a mile of road <br />construction and extensive tree cutting. See Exhibit B. Moreover, the company has indicated in <br />calls to Conservation Groups' attorneys that it plans to continue its illegal construction activity, <br />including additional road and MDW pad construction. Accordingly, Mountain Coal is in <br />violation of state and federal law, as well as the permit requirements of PR -15. <br />With the Tenth Circuit's order to vacate the North Fork Exception, Mountain Coal lacks <br />a legal right of entry to conduct surface -disturbing activities on the Sunset Roadless Area, in <br />violation of its permit obligations. MLRB regulations specifically require permit applicants to <br />provide "a complete and detailed legal description of the proposed permit boundary, a <br />description of the documents upon which the applicant bases his or her legal right to enter and <br />begin surface coal mining operations in the permit area, and a statement as to whether that right <br />6 Mountain Coal's unlawful road -building and tree cutting constitute surface coal mining activities that <br />are part of surface coal mining operations consistent with MLRB definitions set forth at Rule 1, Section <br />1.04(131) and (132). <br />